농업인 안전재해예방에 관한 입법의 비교법적 검토

Farmer's accident rate is higher than that of general employee. In korean agriculture are most of farmers small self-employed farmers. They are not employee. Therefore, the industrial accident law and the occupation safety and health acts are not applied to this farmers. The Act on the Safety Insurance of the Farmers and Fishermen and the Prevention of Safety Accidents is applied from January 7, 2016. But the preventionrules of this law are insufficiency. Therefore, it is necessary to make suggestions and make legislative proposals in Korea through comparative legal studies on the prevention of safety accidents for small self-employed farmers. In this article, we first examined the legislation on the prevention of safety accidents of farmers in Germany. Above all, Germany is organizing self-employed farms as industrial accident insurance, and considering farms as workplaces, farmers as farm owners. To this farmers as the employers in the industrial accident law and the occupation safety and health acts are imposed preventive obligations on themselves, family members and other assistants. In particular, German Social Legislation(SGB) imposes a preventive obligation on a single farmer who is working alone. In Korea, where most of the farmers are small self-employed farmers, it is necessary to introduce the concept of farmers as a ‘Unternehmer’ and farms as ‘Betrieb’ in Germany. In this article, we have proposed a legislation for the prevention of farmer's safety accidents.